Thomas C. Sandoval, Jr. and Bobbie J. Sandoval - Page 19

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          years.  The record does not show whether petitioner and Burnett             
          signed the agreement or bought the property first.  However, both           
          of those events occurred on May 17, 1993, after they agreed to              
          form the partnership.                                                       
               Petitioners contend that petitioner and Burnett took title             
          to the Warfield Drive property in their individual names.  A copy           
          of the deed is not in the record, and it is not clear how title             
          to the Warfield Drive property is recorded.  The settlement                 
          statement shows “Gary Burnett and Tom Sandoval dba TGR and                  
          Partnership” as borrowers.  However, even if we assume that title           
          to the Warfield Drive property is recorded in petitioner’s and              
          Burnett’s names, we believe that they were TGR II’s agents when             
          they bought the Warfield Drive property.  The property agreement            
          provides for buying and renting out one parcel of real property             
          for 3 to 5 years and that the property of TGR II may be held in             
          the name of petitioner or Burnett.  Under Texas law, title to               
          partnership property may be held in the name of the partnership             
          or in the name of one or more of the partners.  See Tex. Rev.               
          Civ. Stat. Ann. art. 6132b, sec. 10 (West 1990).  Partnership               
          property, nonetheless, belongs to the partnership and not to the            
          individual partners.  See Littleton v. Littleton, 341 S.W.2d 484,           
          488 (Tex. Civ. App. 1960); In re Cooper, 128 Bankr. 632, 636                
          (Bankr. E.D. Tex. 1991).                                                    

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